The first version of the rule was held up last year by a federal court injunction.
The final version of the rule gives certain nonprofit employers an extra year to comply.
Obama administration officials also have urged legislators to preserve a strong version of the rule.
It is unclear whether the agency will adopt a similar version of the rule.
The five commissioners will have to vote on a final version of the rule.
This week, the Small Business Administration posted the final version of the rule meant to deal with Congress's order.
Another reason is that all the agencies insisted on passing the same exact version of the rule, and that took ages of back and forth.
Officials at the Health and Human Services Department said they intended to issue a final version of the rule within days.
The final version of the rule went a step further than the draft, cutting off funding to facilities that require arbitration clauses as a condition of admission.
An earlier version of the rule defined such an expert as a person who had been involved in auditing or preparing financial reports of a similar company.
The bet began as a hedge, which is largely exempt under a draft version of the rule, though it probably evolved into a proprietary trade over time.
